Reso 2014-2188 - Laserfiche WebLink

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EDMUNDS & ASSOCIATES Simple. . Solutions. regardless whether VENDOR shall have remedied any such failure within the time provided for in such notice); The discovery by the CITY that any material statement of fact furnished to the CITY by VENDOR in connection with its proposal for the privilege awarded hereunder is false or materially misleading; Commencement of any insolvency or bankruptcy proceeding (including, without :imitation, a proceeding for liquidation, reorganization or adjustment of indebtedness) against VENDOR or any guarantor or surety of this Contract, if an order for relief is entered against such party and the same is not stayed or vacated within thirty (30) days after entry thereof, or if such party fails to secure a discharge of the proceedings within sixty (60) days after the filing thereof, and City reasonably determines that as a result of such event VENDOR is unable to provide the level of support for the Project committed by VENDOR hereunder; The making by VENDOR or by any guarantor or surety of this Contract of an assignment for the benefit of its creditors or the filing of a petition for or the entering into of an arrangement with its creditors; The appointment or sufferance of a receiver, trustee or custodian to take possession of all or substantially all of the property of VENDOR or of any guarantor or surety of this Contract, whether or not judicial proceedings are instituted in connection with such appointment or sufferance; The placement of any lien or levy upon property used by VENDOR in its operations of the Project which is not discharged of record within sixty (60) days, or any levy under any such lien. Remedies Upon VENDOR's Default: Upon the occurrence of any Event of Default, as defined above, the CITY, besides any other rights or remedies it may have, shall have the right to terminate this Contract forthwith, and recover immediately from VENDOR all damages proximately caused by VENDOR's default, including without limitation court costs, reasonable expert's fees and reasonable attorneys' fees. No action by the CITY pursuant to this Section, however, shall be deemed to terminate this Contract unless the CITY gives written notice of termination to VENDOR. Regardless of whether the CITY has elected to exercise its rights to terminate this Contract, if any Event of Default shall occur, VENDOR shall pay upon demand all of the CITY's costs, charges and expenses, including fees of counsel, agents and other retained by the CITY incurred in connection with the recovery of sums due under this Contact, or because of the breach of any covenant or agreement of CITY contained in this Contract or for any other relief against VENDOR. Other Provisions Regarding Default: The CITY's failure to require compliance with any term or provision of this Contract shall not constitute a waiver of the CITi "s rights to require such compliance. No waiver or failure to enforce any covenant or condition or of the breach of any covenant or condition of this Contract shall be taken to constitute a waiver of any subsequent breach of such covenant or condition or to justify or authorize the nonobservance on any other occasion of the same or of any other covenant or condition hereof, nor shall the acceptance by CITY of any sums from VENDOR at any time 12